Illinois House Bill 1388

---

Spectrum: Partisan Bill (Republican 4-0)
Status: Introduced on January 24 2023 - 25% progression
Action: 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

Amends the Code of Criminal Procedure of 1963. Provides that, if a person has 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986, the defendant may be charged as a habitual misdemeanant offender. Provides that the 3 or more charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that: (1) the third offense must have occurred after the second offense; (2) the second offense must have occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that, once a person has been adjudged a habitual misdemeanant offender, any of the following charges for domestic battery, battery, violation of an order of protection, or criminal damage to property in which the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986 shall be charged as a Class 4 felony. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.

CD CR-HABITUAL MISDEMEANANT

Rep. Jackie Haas [R]

Rep. Dennis Tipsword [R]

Rep. Kevin Schmidt [R]

Rep. Martin McLaughlin [R]

Date	Chamber	Action
2024-04-05	House	Rule 19(a) / Re-referred to Rules Committee
2024-02-14	House	Assigned to Judiciary - Criminal Committee
2023-05-03	House	Added Co-Sponsor Rep. Martin McLaughlin
2023-04-27	House	Added Co-Sponsor Rep. Kevin Schmidt
2023-04-27	House	Added Co-Sponsor Rep. Dennis Tipsword, Jr.
2023-03-10	House	Rule 19(a) / Re-referred to Rules Committee
2023-02-28	House	Assigned to Judiciary - Criminal Committee
2023-01-31	House	Referred to Rules Committee
2023-01-31	House	First Reading
2023-01-24	House	Filed with the Clerk by Rep. Jackie Haas

Chapter	Article	Section	Citation Type	Statute Text
725	5	110-6.1	Amended Code	Citation Text
725	5	111-2.5	New Code	See Bill Text
725	5	114-7	Amended Code	Citation Text
730	5	5-4.5-95	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1388&GAID=17&DocTypeID=HB&SessionID=112&GA=103
Text	https://www.ilga.gov/legislation/103/HB/10300HB1388.htm